beta
(영문) 광주지방법원 2018.11.30 2018가단15128

건물명도 등

Text

1. The part concerning the claim for restitution of real estate among the lawsuits in this case shall be dismissed.

2. The defendant shall be the plaintiff.

(a) the annexed list;

Reasons

1. The purport of the claim in a civil lawsuit on the part of the lawsuit in the lawsuit in this case is to specify the subject matter of lawsuit and the scope of the claim in the complaint for the purpose of specifying the scope of trial by the court, so that the content and scope can be clearly identified. The part in the lawsuit in this case seeking restitution of a building as stated in the separate sheet cannot be known at all as to what acts the plaintiff seeks to seek restitution of a building in this case can be specifically identified. Thus, this part of the lawsuit in this case is unlawful

2. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the remainder of claims, the Plaintiff: (a) on November 28, 2017, leased buildings listed in the separate sheet with KRW 10 million, monthly rent and management fee of KRW 1210,000,000; and (b) from December 5, 2017 to December 4, 2019; (c) the Defendant delayed the rent and management fee of at least three years; (d) on July 4, 2018, the unpaid rent and management fee of KRW 5,70,000; and (e) the Plaintiff notified the Defendant of the termination of the lease contract in this case on the ground that the lease contract between the Plaintiff and the Defendant was terminated for the foregoing reason; and (e) on the grounds that the lease contract between the Plaintiff and the Defendant terminates for the foregoing reason, the Defendant is obligated to deliver the building recorded in the separate sheet to the Plaintiff and pay the unpaid rent and the amount equivalent to the above KRW 17571.

3. In conclusion, the part of the claim for restitution of real estate among the lawsuit in this case is unlawful and dismissed, and the remainder is accepted as a reasonable ground and it is so decided as per Disposition.